Shelley Moore Capito on Civil Rights
Republican Representative (WV-2)
Marriage is between a man and a woman
Q: Do you support or oppose same-sex marriage and does what's happened in the courts change your opinion at all?
Capito: "I believe marriage is between a man and a woman. I have a long history of that dating back to when I was in the West Virginia
legislature but I believe the decision that's been made is basically saying that the states will make their own decisions and I will abide by what the state of West Virginia decides in this matter."
Tennant: "I think that under the law that people should be treated equally and fairly. Now does a church go against its doctrine? No, not at all. A church should not go against its doctrine and it should not be forced to, but
I think that we as West Virginians know about fairness and we know about freedom. Mountaineers are always free."
Source: WV MetroNews on 2014 West Virginia Senate debate
, Oct 8, 2014
Co-chairs Women’s Caucus “Women in Business” Team
Bipartisanship is the key to the Women’s Caucus’ strength and success. The legacy of its first 20 years is one of Democratic and Republican Congresswomen committed to improving the lives of women and families, and willing to put their partisan
differences aside to do it. As in years past, the Caucus members have divided themselves into legislative teams, co-chaired by a Republican and a Democrat. The 5 teams are charged with advancing action on their designated issues in a bipartisan manner.
Source: Women’s Caucus website, WomensPolicy.org/Caucus/
, Jul 15, 2001
- Education and Children, co-chaired by Reps. Connie Morella (R-MD) and Nita Lowey (D-NY).
- Health and Older Women, co-chaired by Reps. Ileana Ros-Lehtinen (R-FL) and Louise Slaughter (D-NY).
- Violence Against Women, co-chaired by Reps. Sue
Kelly (R-NY) and Tammy Baldwin (D-WI).
- Women in Business and the Workplace, co-chaired by Reps. Shelley Moore Capito (R-WV) and Corrine Brown (D-FL).
- Economic Empowerment, co-chaired by Reps. Judy Biggert (R-IL) and Loretta Sanchez (D-CA).
Voted YES on reauthorizing the Violence Against Women Act.
Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms used in such Act, including :
- "culturally specific services" to mean community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities;
- "personally identifying information" with respect to a victim of domestic violence, dating violence, sexual assault, or stalking;
- "underserved populations" as populations that face barriers in accessing and using victim services because of geographic location, religion, sexual orientation or gender identity; and
- "youth" to mean a person who is 11 to 24 years old.
Opponent's Argument for voting No (The Week; Huffington Post, and The Atlantic):
House Republicans had objected to provisions in the Senate bill that extended VAWA's protections to lesbians, gays, immigrants, and Native Americans. For example, Rep. Bill Johnson (R-OH) voted against the VAWA bill because it was a "politically–motivated, constitutionally-dubious Senate version bent on dividing women into categories by race, transgender politics and sexual preference." The objections can be grouped in two broadly ideological areas--that the law is an unnecessary overreach by the federal government, and that it represents a "feminist" attack on family values. The act's grants have encouraged states to implement "mandatory-arrest" policies, under which police responding to domestic-violence calls are required to make an arrest. These policies were intended to combat the too-common situation in which a victim is intimidated into recanting an abuse accusation. Critics also say VAWA has been subject to waste, fraud, and abuse because of insufficient oversight.
Reference: Violence Against Women Reauthorization Act;
; vote number 13-HV055
on Feb 28, 2013
Voted NO on prohibiting job discrimination based on sexual orientation.
HR3685: Employment Non-Discrimination Act: Makes it an unlawful employment practice to discriminate against an individual on the basis of actual or perceived sexual orientation, including actions based on the actual or perceived sexual orientation of a person with whom the individual associates or has associated. Prohibits preferential treatment or quotas. Allows only disparate treatment claims. Inapplicable to associations that are exempt from religious discrimination provisions.
Proponents support voting YES because:
Rep. CASTOR: The march towards equality under the law for all of our citizens has sometimes been slow, but it has been steady. Over time, Congress has outlawed discrimination in the workplace, based upon a person's race, gender, age, national origin, religion and disability, because when it comes to employment, these decisions are rightly based upon a person's qualifications and job performance. This legislation that outlaws job discrimination based upon
sexual orientation was first introduced over 30 years ago. A broad coalition of businesses and community organizations strongly support this landmark civil rights legislation, including the Human Rights Campaign; the Anti-Defamation League; and the NAACP.
Opponents recommend voting NO because:
Rep. HASTINGS: Federal law bans job discrimination based on race, color, national origin, or gender. In addition, 19 States have passed laws prohibiting discrimination on the basis of sexual orientation. I strongly oppose discrimination in the workplace. However, I do not think it is the place of the Federal Government to legislate how each and every workplace operates. A number of States have enacted State laws in this area. That is their right. Many businesses have chosen to adopt their own policies. That is appropriate as well. This bill as written would expand Federal law into a realm where PERCEPTION would be a measure under discrimination law [which I consider inappropriate].
Reference: Employment Non-Discrimination Act;
; vote number 2007-1057
on Nov 13, 2007
Voted YES on Constitutionally defining marriage as one-man-one-woman.
Proposing an amendment to the Constitution stating: "Marriage in the US shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."
Proponents support voting YES because:
The overwhelming majority of the American people support traditional marriage, marriage between a man and a woman. The people have a right to know whether their elected Representatives agree with them about protecting traditional marriage.
Every child deserves both a father and a mother. Studies demonstrate the utmost importance of the presence of a child's biological parents in a child's happiness, health and future achievements. If we chip away at the institution which binds these parents and the family together, the institution of marriage, you begin to chip away at the future success of that child.
Opponents support voting NO because:
This amendment does not belong in our Constitution. It is unworthy of our great Nation. We have amended the Constitution only 27 times. Constitutional amendments have always been used to enhance and expand the rights of citizens, not to restrict them. Now we are being asked to amend the Constitution again, to single out a single group and to say to them for all time, you cannot even attempt to win the right to marry.
From what precisely would this amendment protect marriage? From divorce? From adultery? No. Evidently, the threat to marriage is the fact that there are millions of people in this country who very much believe in marriage, who very much want to marry but who are not permitted to marry. I believe firmly that in the not-too-distant future people will look back on these debates with the incredulity with which we now view the segregationist debates of years past.
Reference: Marriage Protection Amendment;
Bill H J RES 88
; vote number 2006-378
on Jul 18, 2006
Voted YES on making the PATRIOT Act permanent.
To extend and modify authorities needed to combat terrorism, and for other purposes, including:
Reference: USA PATRIOT and Terrorism Prevention Reauthorization Act;
Bill HR 3199
; vote number 2005-627
on Dec 14, 2005
- Assigning three judges to hear individuals' petitions concerning improper requests by the FBI for library circulation records, library patron lists, book sales records, book customer lists, and other records
- Reporting every year the number of library records orders that are granted, modified, or denied
- Allows Internet service providers to disclose their subscribers information and the contents of their communications to a government entity, if they believe there is “immediate danger of death or serious physical injury”
- Requires that any court that allows a “roving wiretap” under the Foreign Intelligence Surveillance Act (FISA) must describe in great detail the intended target whose identity is not known
- Allows individuals and businesses to seek legal counsel if they have received a National Security Letter from the FBI requiring them to disclose financial information and records
Voted YES on Constitutional Amendment banning same-sex marriage.
Marriage Protection Amendment - Declares that marriage in the United States shall consist only of the union of a man and a woman. Prohibits the Constitution or any State constitution from being construed to require that marital status or its legal incidents be conferred upon any union other than that of a man and a woman.
Reference: Constitutional Amendment sponsored by Rep Musgrave [R, CO-4];
; vote number 2004-484
on Sep 30, 2004
Voted YES on protecting the Pledge of Allegiance.
Pledge Protection Act: Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution.
Reference: Bill sponsored by Rep Todd Akin [R, MO-2];
; vote number 2004-467
on Sep 23, 2004
Voted YES on constitutional amendment prohibiting flag desecration.
Desecration of Flag resolution: Vote to pass the joint resolution to put forward a Constitutional amendment to state that Congress shall have the power to prohibit the physical desecration of the flag of the United States. Note: A two-thirds majority vote of those present and voting (284 in this case) is required to pass a joint resolution proposing an amendment to the Constitution.
Reference: Resolution sponsored by Thomas, R-CA;
; vote number 2003-234
on Jun 3, 2003
Supports anti-flag desecration amendment.
Capito co-sponsored a Constitutional Amendment:
Supports granting Congress power to prohibit the physical desecration of the U.S. flag. Proposes an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
Source: House Resolution Sponsorship 01-HJR36 on Mar 13, 2001
Require 90 day delay for compliance before ADA lawsuits.
Capito adopted the Republican Main Street Partnership agenda item:
H.R. 914/S. 872 the ADA Notification Act.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP8 on May 24, 2002
Republican Main Street Partnership Congressman Mark Foley (FL) introduced this legislation to protect the Americans with Disabilities Act from a growing number of lawyers who are generating huge sums in legal fees for pointing out accessibility violations by business when often simple fixes would bring properties into compliance with the ADA's accessibility standards. This variety of litigation abuse stems from the lack of any notification provision in the ADA. RMSP supports a 90-day delay between notification of an alleged accessibility violation and any legal proceedings. This notification will allow honest business owners to become ADA compliant without added legal expense while freeing up the courts to pursue legal action against bad players.
Limit interstate class-action lawsuits to federal courts .
Capito adopted the Republican Main Street Partnership agenda item:
H.R. 2341/S. 1712 Class Action Fairness Act.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP9 on May 24, 2002
Class Action suits, most often claiming product defects, have increasingly become fertile ground for unscrupulous trial attorneys. Using jurisdictional loopholes, trial lawyers are suing for enormous sums with little or no payout to injured parties. Multi-million dollar interstate lawsuits filed on behalf of irrelevant plaintiffs, often unaware that a claim has been filed, are filed in state courts. This increases the volume of claims filed, and leads to multiple, expensive, settlements. H.R. 2341, supported by Republican Main Street Partnership Reps. Judy Biggert (IL), Tom Davis (VA), Porter Goss (FL), Melissa Hart (PA), George Nethercutt (WA), and Rob Simmons (CT), eases the burden of addressing interstate claims in federal court. At the federal level, courts have greater resources and uniform rules. This provides a more appropriate venue for such cases and protects legitimate claimants ability to recover losses.
Rated 7% by the ACLU, indicating an anti-civil rights voting record.
Capito scores 7% by the ACLU on civil rights issues
The mission of the ACLU is to preserve protections and guarantees America’s original civic values - the Constitution and the Bill of Rights:
We work also to extend rights to segments of our population that have traditionally been denied their rights, including Native Americans and other people of color; lesbians, gay men, bisexuals and transgendered people; women; mental-health patients; prisoners; people with disabilities; and the poor. If the rights of society’s most vulnerable members are denied, everybody’s rights are imperiled.
- Your First Amendment rights-freedom of speech, association and assembly. Freedom of the press, and freedom of religion supported by the strict separation of church and state.
- Your right to equal protection under the law - equal treatment regardless of race, sex, religion or national origin.
- Your right to due process - fair treatment by the government whenever the loss of your liberty or property is at stake.Your right to privacy - freedom from unwarranted government intrusion into your personal and private affairs.
Our ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
Source: ACLU website 02n-ACLU on Dec 31, 2002
Issue a commemorative postage stamp of Rosa Parks.
Capito co-sponsored issuing a commemorative postage stamp of Rosa Parks
EXCERPTS OF RESOLUTION:
LEGISLATIVE OUTCOME:Referred to Senate Committee on Homeland Security and Governmental Affairs; never came to a vote.
Source: Rosa Parks Stamp (S.2154/H.R.4343) 05-S2154 on Dec 20, 2005
- Whereas in 1955, Rosa Parks's quiet, courageous act changed the United States and its view of African Americans, and redirected the course of history;
- Whereas at that time, in Montgomery, Alabama, as in other cities in the Deep South, the treatment of African Americans on public buses had long been a source of resentment within the African American community;
- Whereas White busdrivers, who were invested with police powers, frequently harassed African Americans;
- Whereas on December 1, 1955, Rosa Parks took her seat in the front of the 'Colored' section of a Montgomery bus, but was asked, along with 3 other African Americans, to relinquish her seat to a White passenger;
- Whereas although the 3 other African American passengers relinquished their seats, Rosa Parks refused to do so, and was arrested for that refusal;
Whereas because Rosa Parks's act of disobedience launched the Montgomery bus boycott, which lasted for 381 days and propelled the civil rights movement into the national consciousness, she is widely known as the mother of the civil rights movement; and
- Now, therefore, be it Resolved that it is the sense of Congress that the United States Postal Service should issue a commemorative postage stamp honoring the late Rosa Parks.
Rated 0% by the HRC, indicating an anti-gay-rights stance.
Capito scores 0% by the HRC on gay rights
OnTheIssues.org interprets the 2005-2006 HRC scores as follows:
About the HRC (from their website, www.hrc.org):
- 0% - 20%: opposes gay rights (approx. 207 members)
- 20% - 70%: mixed record on gay rights (approx. 84 members)
- 70%-100%: supports gay rights (approx. 177 members)
The Human Rights Campaign represents a grassroots force of more than 700,000 members and supporters nationwide. As the largest national gay, lesbian, bisexual and transgender civil rights organization, HRC envisions an America where GLBT people are ensured of their basic equal rights, and can be open, honest and safe at home, at work and in the community.
Ever since its founding in 1980, HRC has led the way in promoting fairness for GLBT Americans. HRC is a bipartisan organization that works to advance equality based on sexual orientation and gender expression and identity.
Source: HRC website 06n-HRC on Dec 31, 2006
Rated 44% by NAACP, indicating a mixed record on affirmative-action.
Capito scores 44% by the NAACP on affirmative action
OnTheIssues.org interprets the 2005-2006 NAACP scores as follows:
About the NAACP (from their website, www.naacp.org):
- 0% - 33%: anti-affirmative-action stance (approx. 177 members)
- 34% - 84%: mixed record on affirmative-action (approx. 96 members)
- 85%-100%: pro-affirmative-action stance (approx. 190 members)
The National Association for the Advancement of Colored People (NAACP) has worked over the years to support and promote our country's civil rights agenda. Since its founding in 1909, the NAACP has worked tirelessly to end racial discrimination while also ensuring the political, social, and economic equality of all people. The Association will continue this mission through its policy initiatives and advocacy programs at the local, state, and national levels.
From the ballot box to the classroom, the dedicated workers, organizers, and leaders who forged this great organization and maintain its status as a champion of social justice, fought long and hard to ensure that the voices of African Americans would be heard. For nearly one hundred years, it has been the talent and tenacity of NAACP members that has saved lives and changed many negative aspects of American society.
Source: NAACP website 06n-NAACP on Dec 31, 2006
Constitutionally prohibit flag desecration.
Capito signed Constitutional Amendment on the flag
Proposing an amendment to the Constitution of the United States authorizing the Congress to prohibit the physical desecration of the flag of the United States.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress:
Article--'The Congress shall have power to prohibit the physical desecration of the flag of the United States.'
Source: SJR.15&HJR.47 2009-SJR15 on May 6, 2009
Supported legislation on violence against women & safety.
Capito adopted the Women's Caucus policy agenda:
The teams of the Women’s Caucus are charged with advancing action on their designated issues in a bipartisan manner. Legislation from Team 1: VIOLENCE AGAINST WOMEN/SAFETY ISSUES:
Source: Women's Caucus Agenda-106th Congress 99-WC1 on Jul 15, 1999
- HR764—Child Abuse & Prevention Enforcement (CAPE) Act—To reduce the incidence of child abuse and neglect, and for other purposes. (Pryce) STATUS: Passed House, 10/5/99
- HR1248—Violence Against Women Act of 1999 (VAWA Reauthorization)—A bill to prevent violence against women. (Morella) STATUS: Hearing held, 9/29/99
- HR1352—Domestic Violence and Sexual Assault Victims’ Housing Act—A bill to provide housing assistance to domestic violence victims. (Schakowsky) STATUS: Amended version added to HR 1073 (Homeless Housing Programs Consolidation and Flexibility Act), which passed Banking Subcommittee on Housing and Community Opportunity, 4/15/99
- HR1869—Stalking Prevention and Victim Protection Act of 1999—A bill to expand the prohibition on stalking, and for other purposes.
(Kelly) STATUS: Hearing held, 9/29/99
- HR2130—Date-Rape Prevention Drug Act of 1999—A bill to amend the Controlled Substances Act to add gamma hydroxybutyric acid and ketamine to the schedules of control substances, to provide for a national awareness campaign, and for other purposes. (Upton/Stupak/Jackson-Lee/Bliley) STATUS: Passed House, 10/12/99
- Protection of Women in Prison Act of 1999—A bill to require that facilities receiving federal funding develop and implement policies to restrict the role of male staff with regard to female inmates, address the particular health needs of female inmates, prohibit the routine shackling of pregnant women and women in labor, and provide additional protections to female inmates who report violations in order to protect them from retaliation. (Waters)
- HR3083—The Battered Immigrant Women Protection Act of 1999—A bill to provide protection for battered immigrant women. (Schakowsky/Morella/Jackson-Lee)
Supported funding for women's and disadvantaged businesses.
Capito adopted the Women's Caucus policy agenda:
The teams of the Women’s Caucus are charged with advancing action on their designated issues in a bipartisan manner. Legislation from Team 9: WOMEN IN BUSINESS:
Source: Women's Caucus Agenda-106th Congress 99-WC12 on Jul 15, 1999
- HR413—PRIME Act—Grant program. Authorizes qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund (Rush/Leach)
- HR1496—Small Business Access and Choice for Entrepreneurs (ACE) Act—A bill to help reduce the number of uninsured self-employed persons, and their employees, by giving them better access to affordable health care options. This bi-partisan bill includes Association Health Plans (AHPs) and 100% tax deductibility of health care costs for the self- employed. AHPs allow the small businesses to join together through their trade associations to obtain the purchasing clout and administrative efficiency that employees
of large employers currently enjoy. The ACE Act also includes a provision for 100% deductibility of health insurance costs for the self-employed. Currently, the self- employed are allowed only a 60% deduction, while large businesses enjoy a full 100% deduction. (Talent/Dooley)
- HR1497—Women’s Business Centers Sustainability Act of 1999—A bill to amend the Small Business Act with respect to the women’s business center program. (Udall-NM) H.RES. 15—A resolution expressing the sense of the House of Representatives regarding Government procurement access for women-owned businesses. (Kelly)
- HR2334—Access to Contract Equity Act (ACE)—A bill to amend title 10, United States Code, to extend and make improvements to the provisions relating to procurement contract goals for small disadvantaged businesses and certain institutions of higher education, and for other purposes. (Velazquez)
Supports ERA and comparable work pay rules for women.
Capito adopted the Women's Caucus policy agenda:
The teams of the Women’s Caucus are charged with advancing action on their designated issues in a bipartisan manner. Legislation from Team 5. EQUAL OPPORTUNITY:
Source: Women's Caucus Agenda-106th Congress 99-WC8 on Jul 15, 1999
- H. Res. 107—CEDAW—A resolution expressing the sense of the House that the Senate should ratify the Convention on the Elimination of All Forms of Discrimination Against Women. (Woolsey)
- H.J. Res. 41—Equal Rights Amendment—A resolution proposing a constitutional amendment relative to equal rights for men and women. (Maloney/Morella/Shays/N.Johnson)
- HR541—Paycheck Fairness Act—A bill to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex. (DeLauro)
- HR1271—Fair Pay Act of 1999—A bill to prohibit discrimination in the payment of wages on account of sex, race, or national origin for work in equivalent jobs. The Fair Pay Act recognizes that if men and women are doing comparable work requiring the same skill, effort, responsibility, and working conditions, they should be paid a comparable wage. (Norton)
- H.Res. 202—Artwork in the Capitol—a resolution ensuring that artwork in the capitol is more representative of women’s contributions to society. (Kaptur/Morella)
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